Fielding v Police

[2019] NZHC 3333

IN THE HIGH COURT OF NEW ZEALAND WELLINGTON REGISTRY

I TE KŌTI MATUA O AOTEAROA TE WHANGANUI-A-TARA ROHE

CIV-2019-485-000611

[2019] NZHC 3333

BETWEEN

ALISOHN JOAN FIELDING

Applicant

AND

NEW ZEALAND POLICE

Respondent

Teleconference:

16 December 2019

Appearances:

A J Fielding in person

V McCall for the Respondent

Judgment:

16 December 2019

JUDGMENT OF DOOGUE J

[1]                 The applicant has filed a notice of proceeding for judicial review, along with a statement of claim. The pleadings in their current state do not with appropriate particularity, specify:

(a)the relevant decision makers; nor

(b)the precise decisions that the applicant seeks to review.

[2]                 In a telephone conference today, it became apparent the applicant seeks to review decisions taken by various police officers:

(a)to issue her with a charge warning;

(b)charge her with wilful trespass;

(c)apply for a search warrant in respect of her home and seize some devices;

FIELDING v NEW ZEALAND POLICE [2019] NZHC 3333 [16 December 2019]

and by

(d)the Independent Police Conduct Authority (IPCA) to decline to uphold her various complaints against the police.

[3]                 The applicant is to file an amended statement of claim and affidavit in support particularising the information identified in [1] and [2] above.

[4]                 She is also to ascertain and advise the Court by supplementary memorandum the jurisdiction she relies on for judicial review in each case.

[5]                 The amended statement of claim, affidavit in support and memorandum as to jurisdiction shall be filed no later than Friday 17 January 2020.

[6]                 The respondent shall have 25 days thereafter to file and serve any statement of defence.

[7]                 The matter is then to be listed for further consideration in a Judge’s Chambers List.

[8]                 I disclose that I have a conflict of interest in proceedings involving the IPCA and I should not be rostered to any such proceedings.

Doogue J

Solicitors:

Crown Law Office, Wellington